O Justice Mauro Malucelli, from the TRF-4 — and the TRF-4 itself — need to know that, if something entered the network at some point, it is unlikely that it will disappear for good. It almost always does. Why that? We will see.
The entire press reported, and we’ll see why, that Malucelli had reinstated the preventive detention decree of Rodrigo Tacla Duran, the lawyer who accuses Carlos Zucolotto, compadre of now Senator Sergio Moro, of trying to extort him of US$ 5 million in exchange benefits at Lava Jato. This would have happened with the knowledge of Moro and Deltan Dallagnol, now a federal deputy and then coordinator of the task force. Of the total, he would have paid US$ 613,000 to Marlus Arns, a lawyer who is a friend of now deputy Rosângela Moro. Everyone denies it.
Malucelli’s decision caused surprise and astonishment for several reasons. Firstly, the two criminal actions in which he is a defendant are suspended by order of the Supreme Court, and the lower court cannot perform any procedural act. Secondly, it seems that we are facing a case of impediment or suspicion — depending on the instrument used. Malucelli is the father of Joao Eduardo Barreto Malucelli, Sergio and Rosangela Moro’s partner in a law firm. Not only: he is also the son-in-law of the former judge.
Judge Eduardo Appio, from the 13th Federal Court of Curitiba — who had nullified the preventive decree against Duran after the then minister Ricardo Lewandowski had suspended the actions on grounds of suspected nullity of the evidence, sent a letter asking Malucelli who would be responsible for , then, issue the arrest warrant: to himself or to the judge?
And behold, Malucelli preferred to send the answer to Rosa Weber, president of the Supreme Court. He states that “at no time was the arrest of the applicant decreed by this rapporteur [Tacla Duran]”. He maintained that he had only revoked, at the request of the Public Ministry, Appio’s decision that allowed Duran to personally access the evidence that is in the 13th Federal Court.
Yeah… That’s not what the TRF-4 itself reported, in a text that you can read above, below, in full (image at the top of the page). Attention: the section DISAPPEARED from the TRF-4 website, but it can be retrieved from the Google cache. The content of the message that disappeared follows in red. Capital letters are my highlights.
“TRF4 RESTORES PREVENTIVE ARREST ORDER OF ATTORNEY RODRIGO TACLA DURAN
The Federal Regional Court of the 4th Region (TRF4) RESTORED ON LAST TUESDAY (11/4) THE PREVENTIVE ARREST ORDER OF ATTORNEY RODRIGO TACLA DURAN, within the scope of Operation Lava Jato, which had been revoked by the 13th Federal Court of Curitiba in the 4th of this month. The decision was handed down by the rapporteur for the cases related to Lava Jato at TRF4, the judge Marcelo Malucelli.
Tacla Duran is a defendant in criminal actions arising from Operation Lava Jato and had his preventive detention decreed by the 13th Federal Court of Curitiba in 2016. He has dual citizenship, Brazilian and Spanish, and lives in Spain.
In March of this year, the Federal Supreme Court (STF) determined the suspension of the criminal actions being processed against Tacla Duran in the 13th Federal Court of Curitiba and of all procedural incidents related to these actions.
On March 27, the lawyer requested the suspension of the preventive detention order at the federal court in the capital of Paraná. The request was granted on 4/4 by the current titular magistrate of the 13th Federal Court of Curitiba, Judge Eduardo Appio.
Against the decision, the Federal Public Ministry (MPF) appealed to TRF4 with a partial correction appeal. The ministerial body narrated that “Rodrigo Tacla Duran, even aware of the suspension of the criminal action and the instrumental records by the STF, since 03/13/2023, conveyed a petition, and that the corrected judgment, also aware of the suspension determined by the STF to the referred facts , decreed the nullity of the decision ordering preventive detention”. The MPF claimed that the situation would cause “a tumultuous reversal of procedural acts and compromise the regular development of the criminal act”.
JUDGE MALUCELLI GRANTED THE APPEAL, RESTORING THE PREVENTIVE DETENTION ORDER. HE CONSIDERED THAT THE FEDERAL COURT OF THE CAPITAL OF PARANAENSE COULD NOT HAVE PROVIDED THE DECISION TO REVOKE THE ARREST ORDER AFTER THE STF HAD DETERMINED THE SUSPENSION OF THE PROCEEDINGS OF THE ACTIONS
“WHEREAS THE DECISION DELIVERED BY THE STF WHICH, ON 03/13/2023, IN THE FILES OF CLAIM 43.007, DETERMINED THE SUSPENSION OF CRIMINAL PROCEEDINGS 5018184-86.2018.4.04.7000 AND 5019961-43.2017.4.04.7000, IN PROCESS IN THE 13TH FEDERAL VADERATION OF CURITIBA, IN RELATION TO RODRIGO TACLA DURAN, THE PRACTICE OF ANY ACTS IN THE MENTIONED DEMANDS AND INCIDENTS RELATED TO THEM IS EVIDENTLY IMPROPER”, highlighted Malucelli.
The judge concluded that the preventive detention order had been “issued before the suspension determined by the STF and, not having been revoked by the Supreme Court, therefore, remains sound”.
RETURN
It seems, agree, when less exotic than the second instance, under the pretext of preventing the first from performing acts in a process suspended by the STF, to do so itself, resulting in the re-establishment of a preventive detention order.
As can be seen from the text above, published by TRF-4, this was Malucelli’s decision, although he denies the fact in a message to Minister Rosa Weber. So much so that the Court he is part of announced it on its official page. Or should it be assumed that the above text was stamped on the court’s page without the judge’s knowledge?
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